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Musamus Law Review
Published by Universitas Musamus
ISSN : 26219581     EISSN : 2621959X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Musamus Law Review (MuLaRev) is a peer-reviewed journal published by Faculty of Law, Musamus University, Merauke, Papua, Indonesia. MuLaRev published twice a year (October and April).
Arjuna Subject : -
Articles 8 Documents
 1 
Search results for , issue "Vol 2 No 2 (2020): MuLaRev" : 8 Documents clear
The Existence Legal Certainty of the Truth and Reconciliation Commission in Indonesia Safrin Salam; Rizki Mustika Suhartono
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.2849

Abstract

Indonesia is a country that has a history of gross human rights violations. However, the case has not been resolved. In addition to settlement through the court, a reconciliation pattern is highly recommended in the settlement of the case in question. But the rules on reconciliation have been canceled by the Constitutional Court. The results of the study concluded that the Settlement of cases of gross human rights violations was resolved with a pattern of reconciliation with the establishment of an independent institution (KKR). Besides that, the pattern of reconciliation can also be done in a family way. Reconciliation arrangements exist in several regions in Indonesia, namely Papua, Aceh and Palu Reconciliation patterns that exist in these rules vary, there are those who use the TRC pattern there are also those who use family reconciliation patterns.
Fulfill the Basic Rights of Indonesian Migrant Workers' Children in the Human Rights Perspective Hijrah Lahaling
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.3014

Abstract

The fulfillment of the basic rights of children of Indonesian Migrant Workers (PMI) left by their parents to grow and develop has not been optimally fulfilled either physically, mentally, psychologically, or socially. The right to fulfill the children of Indonesian migrant workers includes the right to survival, the right to education and the right to health. Neglect of the fulfillment of these rights is not yet fully in accordance with the 1945 Constitution of the Republic of Indonesia, Convention on the Rights of the Child, Law No. 6 of 2012, and Law No. 35 of 2014. This will certainly endanger the welfare and survival of PMI children in accordance with the principles of human rights. This research aims to formulate the fulfillment of the basic rights of children of Indonesian migrant workers in accordance with the principles of human rights.
Jurydic Analysis of Narcotics Circulators of Shabu Type (Decision Number: 92 / Pid.Sus / 2018 / Pn.Mdn) Ovani Natalia Tarigan; Novriana Pandiangan; Memory Juahta Sembiring
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.3024

Abstract

Drug abuse and dangerous drugs or drugs is a phenomenon that has long existed and experienced by all countries in the world. The circulation of narcotics among Indonesian people is also directly proportional to the development of other types of narcotics. One type of narcotics found today is a type of narcotics made with chemicals that are very dangerous for the body. One type of narcotics that is abused is methamphetamine. As Narcotics Group I, then methamphetamine has a very disturbing effect on the body's performance, namely prolonged hallucinations and dependence. Circulation involves all groups who are very troubling and worried about the nation's successors. Traders in this case means the act of offering to sell, buy, becoming an intermediary in buying and selling, exchanging, sending or receiving Narcotics Group I. Therefore, countermeasures are needed so narcotics crime can be minimized
Comparison of Positive Law and Islamic Law In Recognition Outside Marriage Children's Legal Status Siti Rabiah Rumadaul
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.3029

Abstract

Recognition of the legal status of children outside of marriage is regulated in Article 280 of the Civil Code and Islamic Law does not recognize the recognition of children outside of marriage which is regulated in Article 100 of the Compilation of Islamic Law, so that the legal consequences that arise later are different. A child outside of marriage is a child born to his parents without a legal marriage between the father and mother. Therefore, the child does not have the status or position in law as a legitimate child. This type of research conducted by the author is Empirical Juridical Research, namely research by studying, investigating and studying according to what has been determined by the applicable regulations and real facts that occur in the community with the aim to learn and find data and real events that actually happened, with use the legal approach and case approach. In the results of this research and discussion it is explained that in Positive Law a child outside of marriage can be ratified by a confession, whereas in Islamic Law there is no recognition. Recognition of children outside of marriage in Positive Law raises the result of the endorsement and the resulting relationship with the legal consequences. Whereas in Islamic Law the law of an out-of-wedlock child is not entitled to obtain lineage relationship, livelihood, inheritance rights and others from his biological father because it only has a lineage relationship with his mother and his mother's family, but if the biological father wants to give part of his property, this can be done through a will. Related to the difference between the recognition of Positive Law and Islamic Law, it is considered necessary to pay attention, because of the importance of recognition of children outside of marriage, which results in civil rights in the future. Then later the child outside of marriage also gets the distribution of inheritance (inheritance), guardianship rights and other rights. The government through legislation also needs to pay attention to the management of the inheritance (inheritance) of children outside of marriage so that it becomes an absolute right for children outside of marriage in the future.
The Existence Legal Certainty of the Truth and Reconciliation Commission in Indonesia Safrin Salam; Rizki Mustika Suhartono
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.2849

Abstract

Indonesia is a country that has a history of gross human rights violations. However, the case has not been resolved. In addition to settlement through the court, a reconciliation pattern is highly recommended in the settlement of the case in question. But the rules on reconciliation have been canceled by the Constitutional Court. The results of the study concluded that the Settlement of cases of gross human rights violations was resolved with a pattern of reconciliation with the establishment of an independent institution (KKR). Besides that, the pattern of reconciliation can also be done in a family way. Reconciliation arrangements exist in several regions in Indonesia, namely Papua, Aceh and Palu Reconciliation patterns that exist in these rules vary, there are those who use the TRC pattern there are also those who use family reconciliation patterns.
Fulfill the Basic Rights of Indonesian Migrant Workers' Children in the Human Rights Perspective Hijrah Lahaling
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.3014

Abstract

The fulfillment of the basic rights of children of Indonesian Migrant Workers (PMI) left by their parents to grow and develop has not been optimally fulfilled either physically, mentally, psychologically, or socially. The right to fulfill the children of Indonesian migrant workers includes the right to survival, the right to education and the right to health. Neglect of the fulfillment of these rights is not yet fully in accordance with the 1945 Constitution of the Republic of Indonesia, Convention on the Rights of the Child, Law No. 6 of 2012, and Law No. 35 of 2014. This will certainly endanger the welfare and survival of PMI children in accordance with the principles of human rights. This research aims to formulate the fulfillment of the basic rights of children of Indonesian migrant workers in accordance with the principles of human rights.
Jurydic Analysis of Narcotics Circulators of Shabu Type (Decision Number: 92 / Pid.Sus / 2018 / Pn.Mdn) Ovani Natalia Tarigan; Novriana Pandiangan; Memory Juahta Sembiring
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.3024

Abstract

Drug abuse and dangerous drugs or drugs is a phenomenon that has long existed and experienced by all countries in the world. The circulation of narcotics among Indonesian people is also directly proportional to the development of other types of narcotics. One type of narcotics found today is a type of narcotics made with chemicals that are very dangerous for the body. One type of narcotics that is abused is methamphetamine. As Narcotics Group I, then methamphetamine has a very disturbing effect on the body's performance, namely prolonged hallucinations and dependence. Circulation involves all groups who are very troubling and worried about the nation's successors. Traders in this case means the act of offering to sell, buy, becoming an intermediary in buying and selling, exchanging, sending or receiving Narcotics Group I. Therefore, countermeasures are needed so narcotics crime can be minimized
Comparison of Positive Law and Islamic Law In Recognition Outside Marriage Children's Legal Status Siti Rabiah Rumadaul
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.3029

Abstract

Recognition of the legal status of children outside of marriage is regulated in Article 280 of the Civil Code and Islamic Law does not recognize the recognition of children outside of marriage which is regulated in Article 100 of the Compilation of Islamic Law, so that the legal consequences that arise later are different. A child outside of marriage is a child born to his parents without a legal marriage between the father and mother. Therefore, the child does not have the status or position in law as a legitimate child. This type of research conducted by the author is Empirical Juridical Research, namely research by studying, investigating and studying according to what has been determined by the applicable regulations and real facts that occur in the community with the aim to learn and find data and real events that actually happened, with use the legal approach and case approach. In the results of this research and discussion it is explained that in Positive Law a child outside of marriage can be ratified by a confession, whereas in Islamic Law there is no recognition. Recognition of children outside of marriage in Positive Law raises the result of the endorsement and the resulting relationship with the legal consequences. Whereas in Islamic Law the law of an out-of-wedlock child is not entitled to obtain lineage relationship, livelihood, inheritance rights and others from his biological father because it only has a lineage relationship with his mother and his mother's family, but if the biological father wants to give part of his property, this can be done through a will. Related to the difference between the recognition of Positive Law and Islamic Law, it is considered necessary to pay attention, because of the importance of recognition of children outside of marriage, which results in civil rights in the future. Then later the child outside of marriage also gets the distribution of inheritance (inheritance), guardianship rights and other rights. The government through legislation also needs to pay attention to the management of the inheritance (inheritance) of children outside of marriage so that it becomes an absolute right for children outside of marriage in the future.

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